DEVI RAM Vs. STATE OF H.P.

JUDGEMENT

(1.) APPELLANT has appealed against the judgment of the Sessions Judge by which he has convicted of an offence punishable under Section 302, I.P.C., and sentenced to undergo imprisonment for life and to pay a fine of Rs. 5000/ -, in default of payment of fine, to undergo imprisonment for a further period of two years. Prayer has been made for setting aside the judgment of conviction and sentence and acquitting the appellant.

(2.) FIRST , we may notice the prosecution case. Deceased Rama Ram, a Doomna by caste, was engaged by DW -1 Premi Devi for making bamboo baskets, which the later required in connection with the marriage of her daughter. On 29.11.1994, in the evening, when said Rama Ram was weaving the baskets, appellant -accused Devi Ram went there and on seeing Rama Ram said grudgingly that the rate charged by the deceased for making the baskets was so high that the price of the baskets prepared by him was equivalent to that of gold. Rama Ram deceased reacted by saying that if it was felt that the rate charged by him was high then some other person could be engaged for the job. This enraged the appellant -accused and he started slapping, fisticuffing and kicking the deceased. The deceased felt giddy after being beaten -up by the appellant -accused. He went to PW -2 Prem Sagar, an Ayurvedic Doctor -cum -Chemist and asked for some medicine as he was having pain in his chest and other parts of the body. Prem Sagar examined the deceased and found swelling of his face and chest. On touching the body of the deceased, PW -2 Prem Sagar felt sound of rattling (jar -jar). He went to the adjoining shop of Rattan Singh (PW3) and told him that the condition of deceased Rama Ram was serious and he needed to be taken to the Hospital at Bharari. Appellant -accused was present at the shop of Rattan Singh (PW3) at that time. He proclaimed that he had given sound bearings to Rama Ram and that he would be paying for the medicines which PW2 Prem Sagar was to supply. Rama Ram then went to the house of his sister and called out by name his sisters son Jagga Ram. Jagga Ram was not at home but his wife PW1 Sheela Devi was present. She called Rama Ram to her house. She was busy in the kitchen preparing meals at that time and asked Rama Ram to sit in the kitchen itself. She noticed that Rama Ram was writhing in pain and his face was also swollen. On enquiry, Rama Ram told her that he had been given slaps by the accused -appellant. Before narrating to PW1 Sheela Devi that he had been slapped by the appellant -accused, Rama Ram told Prem Sagar (PW), Rattan Singh (PW3) and Sukhdev (PW5) that he had been beaten -up by the appellant -accused and had been dealt kicks and fist blows. Around 8.00 or 8.30, when the deceased was present in the kitchen of PW1 Sheela Devi, his condition deteriorated and he became unconscious. Sheela Devi deputed her son to call a Doctor but before the Doctor could reach, Rama Ram expired. On seeing Rama Ram dead, Sheela Devi started crying. Attracted by her cries, several people gathered. PW -13 Tulsi Ram was deputed on the next following day to inform the Police. He went to Police Station, Bharari and informed the Police that deceased was lying dead in the court -yard and his face was swollen. Police rushed to the spot the same very day and recorded the statement, under Section 154 of the Code of Criminal Procedure, of Sheela Devi. On the basis of the said statement, a case was formally registered under Section 302, I.P.C., against the appellant. Inquest was conducted. Dead -body was sent for post -mortem examination. Following injuries were noticed by Dr. S.P. Barmani (PW11), Medical Officer, District Hospital, Bilaspur on his dead -body : -

(3.) APPELLANT -accused took different stands while cross -examining the witnesses of the prosecution. To some witnesses, it was suggested that the deceased sustained injuries while at the house of PW1 Sheela Devi. To some other witnesses it was suggested that the deceased had been seen in a objectionable position with a mentally sick lady about fifteen days prior to the occurrence and was given a thrashing by the residents of the village. To PW2, it was suggested that the cause of death was the reaction of the injection given by him to the deceased. To the Doctor, it was suggested that the injuries could have been sustained as a result of falls and then a defense witness, namely Premi Devi (DW1) who had engaged the deceased to make baskets for her was examined who testified that she was told by the deceased that he had a fall from the road edge and sustained the injuries.